[Federal Register Volume 65, Number 137 (Monday, July 17, 2000)]
[Notices]
[Pages 44092-44093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18010]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-99-6324; Notice 1]


EMB Incorporated; Application for Temporary Exemption From 
Federal Motor Vehicle Safety Standards Nos. 108 and 120

    We are asking for comments on the application by EMB Incorporated 
(``EMB'') of Sebastopol, California, for a 2-year exemption from 
portions of Federal Motor Vehicle Safety Standard Nos. 108 Lamps, 
Reflective Devices and Associated Equipment, and 120 Tire Selection and 
Rims for Motor Vehicles Other Than Passenger Cars. The company does 
business as Electric Motorbike, Inc., and has petitioned on behalf of 
its Lectra VR24 motorcycle. In the opinion of the company, a temporary 
exemption ``would make the development or field evaluation of a low-
emission motor vehicle easier and would not unreasonably lower the 
safety level of that vehicle'' (49 U.S.C. 30113(b)(3)(B)(iii)).
    We are publishing this notice of receipt of the application in 
accordance with our regulations on temporary exemptions. This action 
does not mean that we have made any judgment about the merits of the 
application. The discussion that follows is based on information 
contained in EMB's application.

Why EMB Needs a Temporary Exemption

    The company is developing zero-emission (electric battery-powered) 
vehicles. Due to a lack of readily-available components for these 
vehicles needed to comply with Federal Motor Vehicle Safety Standards 
Nos. 108 and 120, as explained below, EMB must petition for an 
exemption from portions of them, until July 1, 2001, as explained 
below.

Why an Exemption Would Make Easier the Development and Field 
Evaluation of a Low-Emission Motor Vehicle and Would Not 
Unreasonably Degrade the Safety of That Vehicle

    In order to make the company's products available for wider use, 
EMB believes that a test and development period is required to optimize 
product features and functions. During the development stage, it is 
likely that several design changes will be made ``to optimize the 
product for acceptance by the wider public.''
    It is important to place a limited number of product in service in 
order to gain insights into the features, functions and operating 
characteristics of the product.
    In order to do so, the following temporary exemptions are 
requested:

1. Standard No. 108

    EMB utilizes a 24-volt lighting system which presently creates an 
incompatibility with available lighting equipment, requiring a 
temporary exemption from three requirements of Standard No. 108.
    Table IV of Standard No. 108 requires motorcycle turn signal lamps 
to meet the applicable requirements of SAE Standard J588NOV84 Turn 
Signal Lamps. However, S5.1.1.7 of Standard No. 108 provides that ``a 
motorcycle turn signal lamp need meet only one-half of the minimum 
photometric values specified in Table 1 and Table 3'' of SAE J588NOV84. 
EMB states that ``turn signals which operate at this voltage are 
difficult to locate.'' However, it has found a supplier in Spain 
``which offers European-compliant turn signals for 24-volt operation.'' 
The turn signal unit that the company has found ``meets European 
requirements 50R E9.'' EMB believes that the European standard is 
equivalent to that of S5.1.1.7, e.g., that an exemption would not 
unduly degrade the safety of the vehicle.
    Table III of Standard No. 108 requires motorcycles to be equipped 
with turn signal lamps and a turn signal operating unit. S5.5.6 
requires all vehicles equipped with a turn signal operating unit to 
also have an illuminated pilot indicator, which will inform the 
operator when one or more turn signal lamps fails to operate. However, 
no indication is required if a variable-load turn signal flasher has 
been installed on a motor vehicle type specified in S5.5.6. A 
motorcycle is not one of the vehicle types specified, and the Lectra 
VR24 incorporates a variable load flasher. As noted above, the company 
uses a 24-volt DC power source for turn signal lamps. Outage indication 
is not presently available in 24 volt DC flasher units, therefore, the 
turn signal indicator on the dash board will not indicate a failed 
lamp.
    EMB argues that the open nature of the motorcycle makes it ``easy 
for an operator to check for proper operation of all lights and 
signals. * * *''
    EMB also seeks exemption from certain portions of S7.9 which 
specifies headlighting requirements for motorcycles. In pertinent part, 
EMB has chosen to meet the photometric specifications of Figure 32. At 
the present time, motorcycle headlamps are not available in 24-volt 
versions, and the company has chosen ``a military vehicle headlamp'' 
manufactured by ``Wagner Corporation.'' This headlamp ``does meet 
requirements for passenger car headlighting systems.'' The upper beam 
of the headlamp meets all requirements for motorcycle headlamp upper 
beams, and complies with all lower beam test points as well, with the 
exception of Test Point 2D-3L, where there is a shortfall of 7 percent.
    EMB argues that the shortfall does not unreasonably degrade safety 
because the Lectra VR24 is designed for a cruising speed of 30 mph and 
the headlamp does meet requirements for this equipment on motor driven 
cycles.
    Finally, the lens of the headlamp will not be marked ``motorcycle'' 
as required by S7.9.5 for a headlamp of the type intended to be used.
    During the exemption period, EMB plans to develop a lighting system 
that fully complies with Standard No. 108.

2. Standard No. 120

    S5.2  Rim marking of Standard No. 120 requires, in pertinent part, 
that each rim be embossed or debossed with certain specified 
information. The wheel that EMB has selected was not embossed with the 
information at time of manufacture but has been subsequently stamped 
with indelible ink. All the information is present and in the required 
location. These wheels meet ISO 8644, ISO 8645, and TUV specifications. 
EMB will work with suppliers to ensure that future rims are properly 
marked.

[[Page 44093]]

Why Exempting EMB Would Be Consistent With the Public Interest and 
Objectives of Motor Vehicle Safety

    EMB ``is developing zero-emission vehicles which are consistent 
with the goals and desires of society for a cleaner and quieter 
environment, and reduced reliance on fossil fuels.''
    Even with the exemptions requested, EMB believes that the Lectra 
VR24 exhibits an overall level of safety equivalent to that prescribed 
by the Federal motor vehicle safety standards.

How To Comment on EMB's Application

    If you would like to comment on EMB's application, send two copies 
of your comments, in writing, to: Docket Management, National Highway 
Traffic Safety Administration, Room PL-401, 400 Seventh Street, SW, 
Washington, DC 20590, in care of the docket and notice number shown at 
the top of this document.
    We shall consider all comments received before the close of 
business on the comment closing date stated below. To the extent 
possible, we shall also consider comments filed after the closing date. 
You may examine the docket in Room PL-401, both before and after that 
date, between 10 a.m. and 5 p.m.
    When we have reached a decision, we shall publish it in the Federal 
Register.
    Comment closing date: August 16, 2000.

    Authority: 49 U.S.C. 30113; delegations of authority at 49 CFR 
1.50 and 501.4.

    Issued on: July 11, 2000.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 00-18010 Filed 7-14-00; 8:45 am]
BILLING CODE 4910-59-P